California Assault and Battery - Understanding the Difference
People quite often refer to an assault as an “assault and battery”. While it’s definitely possible to commit an “assault and battery” the two are, in fact, separate crimes. Here’s the distinction…
A California Penal Code 240 PC “assault” takes place when you attempt to harm or injure another person. As long as you have the ability and desire to inflict an injury on someone, the crime is completed as soon as you attempt to injure that person.
It doesn’t matter whether you actually make contact with the individual or whether you actually injure that person. If you attempt to contact a person in a way that is likely to inflict harm, you have committed a California Penal Code 240 PC assault.
A battery, on the other hand, takes place when that attempt is completed…which is why battery is sometimes referred to as a “completed assault”. A battery necessarily involves physical contact. The contact doesn’t have to result in an injury (any unwanted or offensive touching will suffice).
This means that if you take a swing at someone during a fight, you could be guilty of assault. If you connect your punch, you could be guilty of assault and battery.
